Thoughts on Life, Love, Politics, Hypocrisy and Coming Out in Mid-Life

Wednesday, February 24, 2016

Barack Obama: A Responsibility I Take Seriously

I have written a number of posts about the political crisis surrounding the U. S. Supreme Court in the wake of the death of right wing ideologue Justice Antonin Scalia. Senate Republicans have vowed to block any nominee to the vacant seat on the Court and suggested that President Obama not bother submitting a nominee to the Senate - notwithstanding the Constitution's directive that the President SHALL nominate a replacement. The irony is that the Republicans who now hold themselves out as the protectors of the Constitution are only too willing to ignore the plain language of the Constitution. In response, Barack Obama has an op-ed at SCOTUS Blog that eloquently laws out how Obama plans to fulfill his constitutional duties. Here are excerpts:

The Constitution vests in the President the power to appoint judges
to the Supreme Court. It’s a duty that I take seriously, and one that I
will fulfill in the weeks ahead.

It’s also one of the most important decisions that a President will
make. Rulings handed down by the Supreme Court directly affect our
economy, our security, our rights, and our daily lives.

Needless to say, this isn’t something I take lightly. It’s a
decision to which I devote considerable time, deep reflection, careful
deliberation, and serious consultation with legal experts, members of
both political parties, and people across the political spectrum. And
with thanks to SCOTUSblog for allowing me to guest post today, I thought
I’d share some spoiler-free insights into what I think about before
appointing the person who will be our next Supreme Court Justice.

First and foremost, the person I appoint will be eminently
qualified. He or she will have an independent mind, rigorous intellect,
impeccable credentials, and a record of excellence and integrity. I’m
looking for a mastery of the law, with an ability to hone in on the key
issues before the Court, and provide clear answers to complex legal
questions.

Second, the person I appoint will be someone who recognizes the
limits of the judiciary’s role; who understands that a judge’s job is to
interpret the law, not make the law. I seek judges who approach
decisions without any particular ideology or agenda, but rather a
commitment to impartial justice, a respect for precedent, and a
determination to faithfully apply the law to the facts at hand.

But I’m also mindful that there will be cases that reach the Supreme
Court in which the law is not clear. There will be cases in which a
judge’s analysis necessarily will be shaped by his or her own
perspective, ethics, and judgment. That’s why the third quality I seek
in a judge is a keen understanding that justice is not about abstract
legal theory, nor some footnote in a dusty casebook. It’s the kind of
life experience earned outside the classroom and the courtroom;
experience that suggests he or she views the law not only as an
intellectual exercise, but also grasps the way it affects the daily
reality of people’s lives in a big, complicated democracy, and in
rapidly changing times. That, I believe, is an essential element for
arriving at just decisions and fair outcomes.

A sterling record. A deep respect for the judiciary’s role. An
understanding of the way the world really works. That’s what I’m
considering as I fulfill my constitutional duty to appoint a judge to
our highest court. And as Senators prepare to fulfill their
constitutional responsibility to consider the person I appoint, I hope
they’ll move quickly to debate and then confirm this nominee so that the
Court can continue to serve the American people at full strength.

1 comment:

And how any of this correlates with the announcement, described not in The Onion but the Washington Post, of consideration for the Supreme Court of a Republican governor whose only virtue seems to be that he is Hispanic and not a complete sociopath is beyond me. Unless the president's misadvisors thinks that this would highlight even more the twistedness of GOP opposition?

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Out gay attorney in a committed relationship; formerly married and father of three wonderful children; sometime activist and political/news junkie; survived coming out in mid-life and hope to share my experiences and reflections with others.
In the career/professional realm, I am affiliated with Caplan & Associates PC where I practice in the areas of real estate, estate planning (Wills, Trusts, Advanced Medical Directives, Financial Powers of Attorney, Durable Medical Powers of Attorney); business law and commercial transactions; formation of corporations and limited liability companies and legal services to the gay, lesbian and transgender community, including birth certificate amendment.

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